Sara Duterte impeachment trial: Luistro tong-its remark stricken off the record

The “tong-its” remark of House lead prosecutor Gerville Luistro was stricken from the record of the Senate impeachment trial of Vice President Sara Duterte on Monday after she likened three alleged violations by the Vice President to “three hits” in the popular card game.

Luistro made the remark while responding to Senator-judge Raffy Tulfo’s question on whether GenCorp Industries Inc.—an asset Duterte declared in her 2024 and 2025 statements of assets, liabilities and net worth—could bid for and secure government contracts from Davao City Hall, led by her brother, Vice Mayor Sebastian Duterte.

“If there’s SALN already, which the Vice President herself acknowledged and admitted, that she is part of this corporation, then GenCorp should not be participating in the bidding of the City of Davao, which is headed by no less than the brother of the Vice President. This is a conflict of interest contemplated under Article 7, Section 13 of the Constitution,” Luistro said, referring to the Statement of Assets, Liabilities and Net Worth.

“The Honorable Senate President Sherwin Gatchalian is very much correct when he said that there must be disclosure of the relationship of the merchant to any of the officials of the procuring entity, Your Honor, and I totally agree with the Honorable Senator Raffy Tulfo when he implied the three violations on the part of the Vice President: owning business. Operating a business and conflict of interest, Your Honor. In fact, kung sa larong tong it, three hits po ito,” Luistro added.

She was referring to a situation in a card game tong-its wherein a player loses three consecutive times.

Senate impeachment court presiding officer Francis Escudero, however, removed Luistro’s three hits comment from the impeachment proceedings record.

Article 7 Section 13 of the Constitution reads, “The President, Vice-President, the Members of the Cabinet, and their deputies or assistants shall not, during said tenure, directly or indirectly, practice any other profession, participate in any business, or be financially interested in any contract with, or in any franchise, or special privilege granted by the Government or any subdivision, agency, or instrumentality thereof, including government-owned or controlled corporations or their subsidiaries.”

The same provision adds, “They shall strictly avoid conflict of interest in the conduct of their office.”

In a separate press conference, Luistro reiterated her answer to senator-judges’ questions that, as far as the prosecution is concerned, the Vice President violated laws due to her involvement in GenCorp.

“How are you going to question the credibility of the document, especially if it is issued by government offices? This is with respect to PhilGEPS (Philippine Government Electronic Procurement System), in relation to the question of senator-judge Raffy Tulfo,” Luistro said.

PhilGEPS is the repository of government contracts.

PhilGEPS Division Chief Rendell Sopeña earlier told the Senate impeachment court that around 11 contracts worth P7 million to P8 million in total were granted by the Davao City government to GenCorp Industries under a negotiated bidding.

Sopeña also testified that various government agencies awarded around P35 million worth of contracts to GenCorp. Industries during Vice President Duterte’s term, with 49 contracts awarded to the company.

Private prosecutor Benjamin Tolosa, for his part, said the Constitution was explicit in its prohibitions.

“The prohibition under the Constitution is direct or indirect participation in any business or financial interest. Indirect means kahit hindi derecho nakapangalan sa iyo ang shares of stock, kahit nakapangalan sa ibang tao, dahil nga indirect [ang sabi ng Constitution], ipinagbabawal ‘yan,” Tolosa said.

(Even if the shares of stock are not under your name and are under the name of other people, the Constitution covers indirect [participation], so that it is still prohibited.)

“Iyon iyong kailangan tignan dito, na [kung] meron ba siyang violation roon,” Tolosa added.

(This is what we need to take a look at here.) —LDF, GMA News